Welcome to the Committee of the Regions European Union The set up of an EGTC INTERACT pilot activity on Cooperation in Objectives 1 and 2 Second event.

Welcome to the

Committee of the Regions

European Union

The set up of an EGTC

INTERACT pilot activity on Cooperation in Objectives 1 and 2Second eventBergen, Norway, 14 June 2011

Afonso Alcolea Committee of the Regions of the EU

Europe without borders?

Introduction:

Europe will not be made all at once, or according to a single plan. It will be built through concrete achievements which first create a de facto solidarity.

Declaration of the French Minister of Foreign Affairs, Mr Robert Schuman, 9 May 1950

Introduction:


Polish-German borderbetween Frankfurt am Oder and Słubice

Introduction:


Former checkpoint dismantledbetween Frankfurt am Oder and Słubice © A. Alcolea, 2008

Introduction:


Situation of the borderbetween Italy and Slovenia in Gorizia, till 2004

Introduction:


GDP per head poorest region: +/- 6.200 €

GDP per head richest region: +/- 68.000 €

Introduction:


Disparities

European Commission5th Cohesion Report

Introduction:

External borders and Neighbourhood Policy


Introduction:

Whyterritorial co-operation?

The case for territorial co-operation

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Globalisation and European integration:

Global challenges: Economic globalisation, demographic change, migration flows, climate change, energy.

European integration: EU enlargement, Single Market EMU and EURO area, enlargement of the Schengen area, Lisbon Treaty.

Localisation: Single territories are directly faced with challenges and have access to opportunities of a larger magnitude and which requires pooling of resources.


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Multi-level governance and subsidiarity:

National policies have less of an influence on economic and regional development.

More responsibilities for Regional and Local Authorities in the European Union policies.

Institutional changes in the Member States: devolution, decentralisation and reform of federalism.


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The public expenditure goes sub-national:

The LRA are the source of 60% of public investment in the EU

Their responsibilities are increasing for sustainable development and services to be provided to the citizens


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In order to deliver effective policy, we need to:

Address optimal functional areas of intervention, which cross the traditional administrative boundaries and national frontiers;

Group authorities from different institutional level and nationality, responding to variable composition of needs and blend of competencies;

Therefore, to foster territorial cooperation across and beyond the European Union.


Territorial cooperationin the EU cohesion policy

Territorial co-operation in the EU

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1989 2000 2007 …

Interreg ICBC

Interreg III- CBC- Transn- Interr.

+ URBACT+ INTERACT+ ESPON

New Objective:European TerritorialCooperation

+ENPI / IPA


€ 282 855 - 81.5% € 54 946 - 16% 2.5%

European Cohesion Policy

2007-2013

€ 347 billion


Territorial cooperation objective - € 8.8 billion

Cross-border cooperation – for solving local problems, including strategic projects (ENPI and IPA for external borders)

Transnational cooperation - concrete, strategic projects important

for the whole programme area

Interregional cooperation - exchange of experiences and best practices to improve regional policy design and implementation

Some 90 programmes expected in total:

50 CBC, 15 ENPI CBC, 12 IPA CBC 13 Transnational 1 Interregional programme

And supportive programmes INTERACT, ESPON, URBACT


External borders and ENP

Cross-border co-operation and Neighborhood Policy


Legal frameworks for permanent structures of co-operation


Permanent structures promoted by the Council of Europe Madrid Outline Convention, 1980

Specialised or ad hoc structures, based on bilateral treaties or specific instruments Euroregions, working communities, consortia…

GEC – Euroregional Cooperation Grouping

Permanent structures of the European Union:

Regulation (EEC) 2137/1985 EEIG – European Economic Interest Grouping

Regulation (EC) 1082/2006 EGTC – European Grouping of Territorial Cooperation

Legal frameworks for territorial cooperation in Europe

The Euroregions and its modalities

Association of local and regional authorities on either side of the national border, sometimes with a parliamentary assembly;

Transfrontier association with a permanent secretariat and a technical and administrative team with own resources;

Of private law nature, based on non-profit associations or foundations on both sides of the border according to the respective national law;

Of public law nature, based on inter-state agreements, dealing among other things, with the participation of territorial authorities.


Euroregional Cooperation Grouping (ECG)

Instrument of the Council of Europe International Law

Created by the 3rd additional Protocol (Utrecht, 13 November 2009), to the Outline Convention on transfrontier cooperation between territorial communities or authorities (Madrid, 1980)

Signatory states: Belgium, France, Germany, Lithuania, Montenegro, the Netherlands and Slovenia

Some differences with the EGTC


The European Grouping of Territorial Cooperation

EGTC – European Grouping of Territorial Cooperation

Created by Regulation (EC) 1082/2006

Public entities from different Member States can get together under an entity with European legal personality.

The EGTC has its own organisation, budget and staff.

It may implement programmes and projects of territorial cooperation, with or without EU funding.

Currently there are 19 EGTC, grouping more than 350 regional and local authorities covering a population of more than 20 Mo inhabitants in 12 Member States.

What is an EGTC?

Missions of an EGTC

Art. 1 (2) “To facilitate and promote cross-border, transnational and/or interregional cooperation between its members with the aim of strengthening economic and social cohesion”.

Functional principle. What is economic, social [and territorial] cohesion?

Art 7 (3) Tasks of the EGTC: Implement ETC programmes co-financed by ERDF, ESF

or Cohesion Fund Implement ETC projects co-financed by ERDF, ESF and

Cohesion Fund Other specific cooperation actions with EU funding Other cooperation actions without EU funding

What for?

Regulation (EC) 1082/2006 of the EP and the Council, of 5 July 2006

Entered into force the 1 August 2006

A MS is free to delegate management of a territorial cooperation programme to an EGTC

Regional/local partners free to run cooperation projects as an EGTC

Potential to develop EGTC as political tool for regional development

The EGTC Regulation 1082/2006 (EC)

Roadmap towards an EGTC

How to set up an EGTC

Factors


Tru

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Choice

Vision

Sources available in www.cor.europa.eu/egtc Go to ‘EGTC Platform’ and find them in ‘Publications’





Preliminary questions

EGTC for programme management Programmes already started

EGTC for project management Principle of lead partner

No private bodies (yet)

Eligibility of the EGTC: For ETC projects For other projects

No specific funding for EGTCs


Preparation phase

Analysis of the situation

Definition of the mission and the vision

Goal Territorial cohesion FUNCTIONAL PRINCIPLE

Definition of functions multi- or single-

Define the skills Blend of competences

Define the members

Explore national frameworks

Define the timing


Preparation phase

Who can be partner of an EGTC?

Five categories of prospective partners:(Regulation)

1. Member States2. Regional authorities3. Local authorities4. Bodies governed by public law within the meaning of

Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts

5. Associations consisting of bodies belonging to one or more of these categories


Preparation phase

Who can be partner of an EGTC?

Participation of entities from third countries in an EGTC may be possible under certain conditions:

The third country adopts national legislation to create an instrument similar or close to the EGTC.

The third country may alternatively sign agreements with EU Member States in order to enable their authorities to participate in EGTCs

Participation of entities from third countries in an EGTC is also subject to the national provisions of the concerned Member States, whether these allow or not such participation.


Preparation phase

Limits to the actions of the EGTC:

Exercise of powers conferred by public law to safeguard general interest of State

Police Regulatory powers Justice Foreign policy

Actions outside EU funding can be restricted further by MS


Decision phase

Decide about the implementation of the EGTC Examine alternatives

Legal feasibility


Implementation phase

Location of the registered office

Drafting of the convention

Drafting of the statutes

Notification to the MS

Publication in the national journal and in the OJEU.

Notification to the CoR

Launching of the EGTC



The seat determines the applicable Law:

Legal regime (private/public Law) Type of tasks that can be carried out Liability of (limited/unlimited) Participation of partners from 3rd countries Notification and procedure Financial control Specific requirements Etc.



Some questions to bear in mind:

Ex-ante agreement of MS• MS must respond within 3 months (if reject, has to explain

reasons)• Procedure according to national rules

After MS approval EGTC partners agree unanimously final Convention and Statutes

Statutes shall be registered/published in the MS of registered office

EGTC has legal personality from day of national registration “Registered office” determines applicable law



Content of the Convention:

Basic elements (name, registered office, territory, list of partners, objective and tasks, duration and dissolution)

Content of the Statutes:

All provisions of convention Operational provisions (organs, decision-making procedures,

languages, financial contributions etc.)


Performance of the EGTC

Financial management Budget Contributions Control

Liquidation

Liability

Evaluation


Modification or dissolution of the EGTC

Changes in the membership Integration of new members Resignation or exclusion of members

Modification of the statutes

Dissolution EGTC for determined duration Special case of ETC

programmes Undetermined duration


The roleof the Committeeof the Regions

Engagement of the CoR

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Legal basis:

Treaties (art. 306 TFEU)

Consultative remit in cross-border cooperation Regulation (EC) 1082/2006, Art. 5

The new EGTCs must notify the CoR

Political action:

The EGTC is strategic for the CoR Inter-institutional cooperation Political proactiveness

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Political support: 4 opinions on EGTC in 2002, 2004, 2008 and 2011

Shared experience: Expert Group, EGTC Platform

Information and debate: Consultation in 2010 Workshops and stands during the Open Days 3 studies and annual report from 2011 on.

Registry of EGTC: Art 5 of the Regulation (EC) 1082/2006

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Own-initiative opinion, adoption the 27/01/2011

Rapporteur: Mr Alberto Núñez Feijóo, (ES/EPP) President of Galicia.

• Contituity with the opinion of Ms Bresso (IT/PES) in 2008

• New scenario: Treaty of Lisbon and new financial perspectives

• Importance of the EGTC• For programmes and projects of ETC• For Europe 2020• For Multi-level governance

• Defence of the EGTC as “preferential instrument for cooperation”.

CoR opinion on EGTC

Contents: Substantial measures: Legal status; harmonisation of national

regimes; staff; participation of private entities; clarifications.

Procedural measures: Reduction of the delays, hearing the promoters of the EGTC; common act for autorisation; publication in section C of the OJEU.

Financial measures: Consider the EGTC automatically as transnational partnership; suppress obsolete methodes of management; autonomous pole of cooperation.

Participation of entities from Third countries on the basis of Title V of the Treaty; allow 1+1 bilateral EGTCs.

CoR opinion on EGTC

Its it integrated by all the EGTCs existing, the EGTCs in constitution, experts and different organisations of support (including INTERACT).

Open to other cross-border structures.

Launched the 28 January 2011 in Brussels Online forum www.cor.europa.eu/egtc Contact: [email protected]

The EGTC Platform

Mission of the Platform Legislative monitoring What’s going on? Peer exchange of experiences, advice and practices

How do we do it? Dissemination and visibility of the EGTC

What can we do? Explore the opportunities and challenges of the EGTC

How to do it better? Contribute to the consultative works of the CoR providing

factual input about cross-border aspects of the EU legislation and policies

What happens at cross-border level?

The EGTC Platform

27 January Lille28 January BrusselsMore than 200 participants

The EGTC Platform – Launching conference

The EGTC Platform – Forum online

Thank you!

Committee of the RegionsDirection of horizontal policies and networks

Alfonso Alcolea MartínezAdministrator EGTC & territorial cooperation

URL: www.cor.europa.eu/egtcE-mail: [email protected]: @EGTCPlatform FB group: EGTC

Welcome to the Committee of the Regions European Union The set up of an EGTC INTERACT pilot activity on Cooperation in Objectives 1 and 2 Second event.

Documents

territorial cooperation

eu slide

european integration

subice introduction

european cohesion policy

external borders

regions european union

european union policies